Agreement – the binding agreement between you and us comprising the Contract, the Credit Agreement (if applicable), any standing order form (if applicable) and these Standard Conditions and any variations or special terms agreed in accordance with Condition 2.
Campaign – the named Campaign that is specified on the Order.
Copy – the detail and layout of the Media (if applicable), which you specify.
Campaign Start Date – the date shown on the Order which is the first date of the Campaign.
Campaign End Date – the date shown on the Order which is the last date of the Campaign and the date which all Media will be removed or will discontinue displaying.
Media – the media specified in the Order.
On-site Media – Media such as On-site Stalls or Freshers’ Fair Stalls, where you are placing an Order to rent a space within the Media Supplier premises for a given space of time
Order – the form, which shows details of the Media.
Production Date – date of which Campaign is due. This date may be subject to certain agreements with client.
Distribution Media – Media such as Mailings or Flyer hand-to-hand distribution, where you are placing an Order to distribute your printed media or samples.
Printed Media – Media such as Newspaper Advertising or Handbook Advertising, where you are placing an Order to place your advertising Copy into printed media of the Media Suppliers.
Online Media – Media such as Website Advertising or Email Advertising, where you are placing an Order to place your advertising Copy into websites or emails of the Media Suppliers.
We/Us – BAM Agency Ltd whose address is 26 Cambray Place, Cheltenham, GL50 1JN.
You – the person, firm or company named on the Order who wants the Media to appear in the said Campaign
Media Supplier – The organisation that the Media will be placed into through BAM Agency Ltd for the Campaign.
2) VARIATIONS TO THE CONDITIONS
Any variations to this Agreement and any special terms will only be effective if set out in a printed form issued by us or agreed by a Director of The BAM Agency. Only such a Director is authorised by us to make any representations about the Agreement or any matter relating to it.
When you, or someone acting on your behalf, signs the Order, you are offering to enter into an agreement with us under the terms of the Order, these Conditions, and where appropriate, the Credit Agreement and any variations or special terms agreed in accordance with Condition 2. That agreement only becomes binding when we accept the offer. Our acceptance will be conditional on your meeting relevant credit and client criteria.
4) OUR RIGHTS AND RESPONSIBILITIES
4.1 We can decide not to provide or place the Campaign. In this situation you will be entitled to a full refund of any money you have paid for any Media which would have appeared in the Campaign but you will not be entitled to any other compensation or damages.
4.2 BAM shall apply a service charge to all orders that utilise our national booking service.
4.3 We do not have to allow access/publish/display/distribute the Media if we consider that the Copy does not meet the standards of the Advertising Standards Authority or is unacceptable for Campaign for some other reason, or if you have not supplied any part of the Copy by the Campaign Deadline Date, or if the Copy does not meet the standards of the Media Supplier, or if any/all of the individual Media Suppliers within the Order decide to refuse your Order and your Media.
4.4 We will not be liable for any disruption or delay in producing or distributing the Campaign, or for failing to perform our duties under this Agreement if the failure is caused by circumstances beyond our control.
4.5 We accept all artwork from you on the understanding that you have unconditionally approved the artwork for the Campaign.
5) YOUR RIGHTS AND RESPONSIBILITIES
5.1 All Media Copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have authority to use any trade name, trademark, British Standard Mark or other quality assurance mark, logo or other material that is used in the Copy. BAM Agency Ltd shall not be held responsible if any of the aforementioned have been used without authority. You must own the copyright in the Copy (except in the circumstances and subject to the assignment provided for in Condition 10) and the Copy must not infringe the copyright any third party has in the Copy. The Copy must not infringe the rights or pass off the goodwill of any third party. You must be authorised to use any logo or name of any trade association you use in the Copy and you must be a paid up member of the Trade Association.
5.2 Standard Payment Terms are fully cleared payment in advance of the Campaign Deadline Date, due on the date the Order is confirmed by you, unless you have pre-arranged payment terms agreed by the Finance department of BAM Agency Ltd.
5.3 If you do not make any payment or instalment due under this Agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. Primarily the person who signs this booking form will deem payment payable, and then secondly the company of the person who has signed this booking form. We may also (without prejudice to our other rights) immediately terminate this Agreement or any other Order from you should you fail to meet payment terms.
5.4 Interest at a rate of 1.5% per month above base rate will be applied to any amount you have not paid after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this Agreement or any other agreement we have with you.
5.5 You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from processing or access, publish, display or distributing of any information or material you gave us, including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
5.6 The Order must be placed in the ordinary course of your business and the Media must be for your own business or a client of yours, if acting as an agency. You must not sell the advertising space to any other party.
5.7 Should you require your original artwork to be returned, you must state this in your order form. Should you not state this your artwork will be held by BAM Agency Ltd for 21 days after a Campaign and then destroyed.
5.8 A 10% Agency Discount will be provided to you on all media placement spend only and shall not apply to our service charges, and only if we consider you to be an agency working on behalf of a third party client. Requests should be made prior to the confirmation of the Order, requests made after the order has been confirmed by you will not be applied.
5.9 All Orders are made subject to Media Suppliers approval, ethical veto lists, commercial exclusions and restrictions and are required to meet individual media suppliers equal opportunities policies.
6) SPECIAL TERMS AND CONDITIONS RELATING TO ON-SITE MEDIA
6.1 If requested, you must name all individuals who will be representing and responsible for the stall at each Media Supplier.
6.2 We reserve the right to refuse admission to any Media Supplier building if you fail to abide by these terms and conditions and those stated in 5.9, or to take action to ensure compliance.
6.3 All confirmed Orders will receive an information pack and where applicable entry passes/booking codes. Where passes/booking codes are applicable access to stalls will not be granted without these passes/booking codes being shown/quoted.
6.4 Stalls or rented space may not be sublet. Only the named client attending the Media Supplier may advertise their own products or services. We must be informed, in writing, if you wish to promote the interests of another company on your stall. Permission, if granted, will be given in writing, failure to abided by this will result in instant removal from the Media Supplier premises and you will not be entitled to a refund.
6.5 All stalls are taken at the risk of the stallholder.
6.6 Stalls are not transferable.
6.7 You agree to indemnify BAM against any damage to BAM, Media Supplier property or the property of any third parties.
6.8 You will be granted access to the Media Supplier premises from the agreed published entry times as stated within your information pack.
6.9 Health & Safety Regulations. You must not obstruct access to fire exits or appliances when exhibiting at the Media Supplier’s premises. You must not endanger the safety of Media Suppliers staff, BAM staff, students or the general public. You must comply with any Health & Safety instruction issued by each Media Supplier Health & Safety Adviser or Media Supplier General Manager/Director.
6.10 You are only permitted to flyer directly next to your own stall, and nowhere else in the Media Supplier building. You may not attempt to solicit custom or in any way promote your Media Supplier in any part of Media Supplier buildings or attached land other than from the stall to which you have been allocated, unless you have written permission from BAM granting you access to roam through particular areas of the Media Supplier premises.
6.11 The distribution of alcohol in any form is not permitted, unless you have written permission from BAM granting you access to supply samples and must abide by the terms stated in this permission.
6.12 You must set up your own stalls. You are responsible for clearing up your own stall, and all rubbish in, on, or around it. You must (if not supplying your own) use the display boards provided (if provided for displaying any posters). Stall holder’s posters are not to cover Media Supplier posters or displays. Unauthorised posters or advertising will be removed and destroyed.
6.13 You may play music on your stall provided that permission is given by Media Supplier. Any music played must be played at a reasonable level that does not interfere with the activities of the Media Supplier or any other client/s. If asked by Media Supplier to turn the music down, you must comply.
6.14 You must keep your stalls, displays and activities within the space allocated by the Media Supplier. Clients must behave in a considerate and responsible manner to Media Supplier staff, BAM Staff, other clients, students or the general public. Failure to do so may result in expulsion from the Media Supplier premises. This extends to all people acting on behalf of you in an official or unofficial capacity.
6.15 You may park in the agreed loading area of the said Media Supplier only for the purposes of loading and unloading only. Any vehicle is not to be left, even temporarily, in such a manner as to block access to the Media Supplier or the Media Supplier’s university facilities or safety/fire exit/entry points. If space permits, stall holder’s vehicles may be parked in the Media Supplier car parks (if available in said Media Supplier) once unloading is completed.
6.16 You will not be granted access to electric power or WIFI unless these facilities have been requested in advance and their provision confirmed in writing by BAM.
6.17 You must vacate the Media Supplier premises by within 1 hour of the end time of your on-site Order.
7) SPECIAL TERMS AND CONDITIONS RELATING TO DISTRIBUTION MEDIA
7.1 A Media Supplier can decide not to produce the Mailing. In this situation you will be entitled to a full refund of any money you have paid for any Order which would have appeared in the Mailing but you will not be entitled to any other compensation or damages.
8) SPECIAL TERMS AND CONDITIONS RELATING TO PROMOTIONAL STAFFING HIRE
8.1 You are not permitted to enter into promotional staffing arrangements with any of your promotional staff directly and promotional staff supplied by us will not provide direct contact details. All order and official correspondences between you and the promotional staff should come through us.
8.2 You acknowledge that we reserves the right to pay promotional staff as they see fit, and may reduce pay depending on staff performance, and breeches in the contract between us and promotional staff members without changing amount due from client.
8.3 If you are managing the event and will be the key contact for the promotional staff, you will be prompt on arrival of the event in order to meet the promotional staff provided. If you are late or absence we will bill you for the total hours booked regardless.
8.4 You will not solicit in the offering or promoting the consumption of alcohol, cigarettes, and non prescription drugs to staff whilst at the event.
8.5 You will make us aware within the first 30 minutes if a promotional staff member is inappropriate or unpresentable for the role. In which case we may be able to replace the promotional staff member. We can not provide refunds if you make us aware after the event.
8.6 You will respect a minimum break allowances for all promotional staff with a minimum of 1hr per 8 hrs booked and allow promotional staff toilet and refreshment breaks when required.
9.1 In addition to any statutory rights you may have to cancel your Order. If we receive written notice to cancel an order we will only act on this notice based on a cancellation fee which will be equal to 30% of the Order plus VAT. We cannot accept a request to cancel the Order if we receive the request after the Campaign Start Date. These conditions will not apply if you cancel this Order pursuant to any statutory rights you have.
9.2 Cancelling any part of the Order means that you no longer qualify for a discount for multiple advertising and/or agency discount (If applicable). We will adjust the rate of the remaining advertising to reflect the standard rate card price of all previously rented, published, display, distribute Media.
9.3 On-site Cancellation Fees for Freshers’ Fair Bookings Only – If a stall is cancelled before the 1st of September in the year of the Freshers’ Fair booking you will be charged 30% of the full Order agreed. If a stall is cancelled after the 1st of September in the year of the Freshers’ Fair booking you will be charged 100% of the full booking agreed.
10) OUR LIABILITY
10.1 Our only liability (if any) under this Agreement will be to provide a refund if we fail to perform our duties. We will not be liable for any direct or indirect or consequential loss or damage arising from any rented, published, displayed or distributed Media, or from not placing the Orders in the Campaign, even if resulting from our negligence.
This Agreement sets out the entire agreement and understanding between you and us and it replaces all previous agreements, arrangements and understanding between us. You are not entering into the Agreement or any part of the arrangements by relying upon any statements or warranties that are not set out in the Agreement.
Last updated: 30th June 2015.
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